Common use of Other Technology Clause in Contracts

Other Technology. All inventions, methods, processes, technology or works of authorship developed, conceived, or reduced to practice during the course of this Agreement in relation to the implementation of this Agreement (and all Intellectual Property Rights therein and thereto) that do not constitute Wintegra Technology or TI Technology (collectively, “Other Technology”) shall be owned exclusively by: (a) Wintegra if such Other Technology is primarily derived from and/or primarily relates to the Wintegra Technology or Wintegra Improvements; or (b) TI if such Other Technology is primarily derived from and/or primarily relates to the TI Technology or TI Improvements. If, however, such Other Technology is not clearly derived primarily from (and does not clearly relate primarily to) the technology or improvements of one of the Parties in particular, then such Other Technology shall be owned (i) exclusively by the Party that has developed such Other Technology if developed solely by such Party (or such Party’s agents); or (ii) jointly owned by the Parties without any right or obligation of accounting with respect thereto if such Other Technology is developed jointly by the Parties (or their respective agents). For Other Technology that is not jointly owned, the developing Party grants the other Party a world-wide, [†] license only under said Other Technology that is not jointly owned, to make, have made, use, offer for sale, sell, lease, license, import, export, market, promote and otherwise distribute the MP DSLAM Cooperative Reference Design to its customers. Such rights in Other Technology that is not jointly owned that are granted to the non-developing Party do not include the right to act as a foundry. _____________ [†] Information redacted pursuant to a confidential treatment request by Wintegra, Inc. under 17 CFR §§ 200.80(b)(4) and 230.406 and submitted separately with the Securities and Exchange Commission.

Other Technology. All inventions, methods, processes, technology or works of authorship developed, conceived, or reduced to practice during the course of this Agreement in relation to the implementation of this Agreement (and all Intellectual Property Rights therein and thereto) that do not constitute Wintegra Technology or TI Technology (collectively, “Other Technology”) shall be owned exclusively by: (a) Wintegra if such Other Technology is primarily derived from and/or primarily relates to the Wintegra Technology or Wintegra Improvements; or (b) TI if such Other Technology is primarily derived from and/or primarily relates to the TI Technology or TI Improvements. If, however, such Other Technology is not clearly derived primarily from (and does not clearly relate primarily to) the technology or improvements of one of the Parties in particular, then such Other Technology shall be owned (i) exclusively by the Party that has developed such Other Technology if developed solely by such Party (or such Party’s agents); or (ii) jointly owned by the Parties without any right or obligation of accounting with respect thereto if such Other Technology is developed jointly by the Parties (or their respective agents). For Other Technology that is not jointly owned, the developing Party grants the other Party a world-wide, [†] license only under said Other Technology that is not jointly owned, to make, have made, use, offer for sale, sell, lease, license, import, export, market, promote and otherwise distribute the MP DSLAM Cooperative Reference Design to its customers. Such rights in Other Technology that is not jointly owned that are granted to the non-developing Party do not include the right to act as a foundry. ____________________ [†] Information redacted pursuant to a confidential treatment request by Wintegra, Inc. under 17 CFR §§ 200.80(b)(4) and 230.406 and submitted separately with the Securities and Exchange Commission.